Government's Response to the Defendant's Motion for Relief Under 18 U.S.C. § 3582(c)(2) and Amendment 821 — United States v. Felicia Stanley (N.D. Fla.)

Record facts

U.S. District Court, Northern District of Florida, Tallahassee Division · No. 4:22-cr-00032-MW-MAF · Doc. 89 · 2024-01-17 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT FOR THE 
NORTHERN DISTRICT OF FLORIDA 
TALLAHASSEE DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
 
 
 
 
 
 
 
Case No. 4:22cr32/MW 
 
FELICIA JACKSON STANLEY 
___________________________________ 
 
GOVERNMENT’S RESPONSE TO THE DEFENDANT’S MOTION FOR 
RELIEF UNDER 18 U.S.C. § 3582(c)(2) AND AMENDMENT 821 
 
 
Comes now the United States of America, by and through the undersigned 
Assistant United States Attorney, and files this response to Stanley’s January 2, 
2024, motion for relief under 18 U.S.C. § 3582(c)(2) and Sentencing Guidelines 
Amendment 821. 
 
When the Court originally sentenced Stanley, Stanley’s total offense level 
was 21, Stanley had zero criminal history points and her criminal history category 
was I, and Stanley’s guideline range was 37 to 46 months imprisonment.  (Doc. 68, 
¶¶ 48, 52-53, 90; Doc. 76 - Pg. 1 -- that is, the statement of reasons, the docket 
sheet reflects the SOR is Doc. 76, the SOR’s header says Doc. 75).  The 
government did not file a substantial assistance motion on Stanley’s behalf.  (Doc. 
76).  The Court varied downward and sentenced Stanley to three concurrent 24-
month terms of imprisonment.  (Doc. 75).  Amendment 821 lowers Stanley’s total 
offense level to 19.  U.S.S.G. Amend. 821; U.S.S.G. § 4C1.1(a) (November 1, 
Case 4:22-cr-00032-MW-MAF     Document 89     Filed 01/17/24     Page 1 of 3

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2023).  At total offense level 19, criminal history category I, Stanley’s new 
guideline range is 30-37 months imprisonment.  U.S.S.G. § 5A.   
 
Except in cases of substantial assistance, a district court reducing a sentence 
under § 3582(c)(2) may not reduce a defendant’s sentence “to a term that is less 
than the minimum of the amended guidelines range.”  Dillon v. United States, 560 
U.S. 812, 819, 822, 827-31 (quoting U.S.S.G. § 1B1.10(b)(2)(A)).  Accordingly, if 
a defendant has already been sentenced below her new, amended guidelines range 
she is not eligible for relief.  Id.  In the present case, Stanley has already been 
sentenced below her new, amended guidelines range and is not eligible for relief.1  
Accordingly, the Court should deny Stanley’s motion for relief under 18 U.S.C. 
§ 3582(c)(2) and Sentencing Guidelines Amendment 821. 
 
 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
 
JASON R. COODY 
 
 
 
 
 
 
United States Attorney 
 
 
 
 
 
 
 
s/ Robert G. Davies  
 
 
 
 
 
 
 
 
 
Robert G. Davies 
 
 
 
 
 
 
Assistant U.S. Attorney 
 
 
 
 
 
 
Florida Bar No. 704301 
 
 
 
 
 
 
21 East Garden Street, Suite 400 
 
 
 
 
 
 
Pensacola, Florida 32502 
 
 
 
 
 
 
(850) 444-4000  
 
 
 
 
1 As is set forth in the attached January 9, 2024, memoradum, the United States 
Probation office agrees with this conclusion 
Case 4:22-cr-00032-MW-MAF     Document 89     Filed 01/17/24     Page 2 of 3

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CERTIFICATE OF COMPLIANCE WITH N.D. FLA. LOC. R. 7.1(F) 
 
 
I hereby certify that this response complies with the word limitation set forth 
in N.D. Fla. Loc. R. 7.1(F).  This response contains 363 words. 
 
 
 
 
 
 
s/ Robert G. Davies  
 
 
 
 
 
 
Robert G. Davies  
 
 
 
 
 
 
 
 
 
 
Assistant U.S. Attorney 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that a copy of the foregoing has been mailed to Felicia 
Jackson Stanley, SPC Aliceville, P.O. Box 487, Aliceville, AL 35442 this the 17th 
day of January, 2024. 
                    
 
 
 
s/ Robert G. Davies  
 
 
 
 
 
 
Robert G. Davies  
 
 
 
 
 
 
 
 
 
 
Assistant U.S. Attorney 
Case 4:22-cr-00032-MW-MAF     Document 89     Filed 01/17/24     Page 3 of 3

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